BETA

18 Amendments of Gesine MEISSNER related to 2017/0116(COD)

Amendment 43 #
Proposal for a regulation
Recital 9
(9) ECompetitiveness of the Union aviation sector can only be maintained through a complementary set of policies. Union air carriers should be encouraged to innovate and the Union should engage in constructive dialogue with third countries and guarantee the basis for fair competition. In this respect, effective, proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries air carriers. To that end, the Commission should be entrusted with the power to conduct an investigation and to take measures where necessary. Such measures should be available either where relevant obligations under an agreement to which the Union is a party are violated, or where practices affecdistorting competition cause or threaten to cause injury to Union air carriers.
2018/01/24
Committee: TRAN
Amendment 54 #
Proposal for a regulation
Recital 10 a (new)
(10 a) Air agreements and this Regulation should be complementary and facilitate dialogue with the third country concerned in order to efficiently resolve disputes and restore fair competition. Neither the existence of a fair competition clause in the agreement, nor on-going negotiations on the basis of this clause should preclude the right of the Commission to initiate an investigation. Wherever a satisfactory agreement has been found between the Union and the third country concerned, the Commission should terminate the proceedings without adopting redressive measures.
2018/01/24
Committee: TRAN
Amendment 57 #
Proposal for a regulation
Recital 12
(12) It is important to ensure that the investigation can extend to the widest possible range of pertinent elements. To this effect, and subject to the consent ofin cooperation with the third country and third country entity concerned, the Commission should be enabled to carry out investigations in third countries. For the same reasons and to the same end, Member States should be obliged to support the Commission to the best of their abilities. The Commission should conclude the investigation on the basis of best available evidence.
2018/01/24
Committee: TRAN
Amendment 61 #
Proposal for a regulation
Recital 13 a (new)
(13 a) The practice of subsidies is capable of undermining fair competition between air carriers. The provisions of this regulation on subsidies should not result in imposing more restrictive obligations on third country carriers than those applying to Union carriers.
2018/01/24
Committee: TRAN
Amendment 67 #
Proposal for a regulation
Recital 15
(15) Proceedings should not be initiated or should be concluded without redressive measures under this Regulation where the adoption of the latter would be against the Union interest, having regard to their impact on other persons, notably consumers or undertakings in the Union. The need to maintain a high level of Union connectivity should be considered with priority. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
2018/01/24
Committee: TRAN
Amendment 70 #
Proposal for a regulation
Recital 15 a (new)
(15 a) When determining whether or not the Union interest calls for intervention, the Commission should take into account the views of all interested parties. In order to organise such consultations and to give an opportunity to all interested parties to be heard, time-limits for providing information or for requesting a hearing should be specified in the notice of initiation of the investigation. Interested parties should be aware of the conditions of disclosure for the information they provide and should be entitled to respond to other parties’ comments.
2018/01/24
Committee: TRAN
Amendment 76 #
Proposal for a regulation
Recital 19
(19) Redressive measures in respect of practices affecdistorting competition are aimed at offsetting the injury that occurs ordue to those practices or at preventing the injury that is threatening to occur due to those practices. They should therefore take the form of financial duties or of other measures which, representing a measurable pecuniary value, are capable of achieving the same effect. This may include measures consisting in the suspension of concessions, of services owed or of other rights of the third country air carrier, provided that this does not lead to a violation of an air transport or air services agreement concluded with the third country concerned. In order to comply with the principle of proportionality, measures of any kind should be confined to what is necessary to offset the injury or threat of injury identifiedidentified or to prevent the threat of injury identified from developing into an actual injury.
2018/01/24
Committee: TRAN
Amendment 80 #
Proposal for a regulation
Recital 20
(20) In line with the same principle, redressive measures in respect of practices affecdistorting competition should remainbe in force only from, as long as, and to the extent that, it is necessary in view of such practice and the ensuing injury or threat of injury. Consequently, a review should be provided for where circumstances so warrant. In order to ensure constructive and continuous dialogue between the Union and third countries, the third country or third country entity concerned should have the opportunity to request the Commission to proceed to a review. Interested parties should also have the possibility to request a review when they consider redressive measures are no longer in the Union interest. The Commission should decide whether or not to actually conduct a review.
2018/01/24
Committee: TRAN
Amendment 82 #
Proposal for a regulation
Recital 21
(21) Situations investigated under this Regulation and their potential impact on Member States may differ according to the circumstances. Redressive measures may therefore apply, according to the case, to one or more Member States or, may be limited to a specific geographical area or limited in time or may be set to apply from a later date when it is possible to determine a precise moment when the threat of injury would develop into an actual injury.
2018/01/24
Committee: TRAN
Amendment 84 #
Proposal for a regulation
Recital 22 a (new)
(22 a) The Commission should inform the European Parliament and the Council on the implementation of this Regulation on an annual basis. This report should include information about the application of redressive measures, the termination of investigations without redressive measures, investigations, reviews and cooperation with Member States, interested parties and third countries. This report should be treated with the appropriate level of confidentiality.
2018/01/24
Committee: TRAN
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point h – point i – point 3
(3) a government or other public organisation, including publicly controlled undertakings, provides goods or services other than general infrastructure, or purchases goods or services;
2018/01/24
Committee: TRAN
Amendment 115 #
Proposal for a regulation
Article 2 a (new)
Article 2 a Union interest 1. A determination as to whether or not the Union interest calls for intervention shall be based on an appreciation of all the various interests taken as a whole, including the interests of the consumers and undertakings in the Union. A determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to restore effective competition and the need to maintain a high level of Union connectivity shall be considered with priority. Redressive measures may not be applied where the Commission, on the basis of all the information submitted, can clearly conclude that it is not in the Union interest to apply such measures. 2. In order to provide a sound basis on which the Commission can take account of all views and information in the decision as to whether or not the imposition of redressive measures is in the Union interest, the complainants and interested parties may, within the time limits specified in the notice of initiation of the investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information. 3. The parties which have acted in accordance with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time limits set in paragraph 2, and when they set out the reasons, in terms of the Union interest, why the parties should be heard. 4. The parties which have acted in accordance with paragraph 2 may provide comments on the application of any redressive measures. Such comments, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is submitted in accordance with paragraph 2 and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the committee referred to in Article 15 as part of the measure submitted pursuant to Articles 10 or 13. The views expressed in the committee should be taken into account by the Commission under the conditions provided for in Regulation (EU) No 182/2011. 6. The parties which have acted in conformity with paragraph 2 may request that the facts and considerations on which final decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission. 7. Information shall only be taken into account where it is supported by actual evidence which substantiates its validity.
2018/01/24
Committee: TRAN
Amendment 244 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. A finding of a threat of injury requires that it be clearly foreseeable and imminent that a particular situation is likely to develop into actual injury. Any such determination shall be based on evidence and take account of all relevant factors, in particular:
2018/01/24
Committee: TRAN
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 1 (new)
The totality of the factors considered shall be such as to lead to the conclusion that the foreseeable evolution is imminent and that, unless protective action is taken, actual injury will occur. In the event where the situation under scrutiny develops into an actual injury before the end of the proceeding, the Commission shall proceed in accordance with paragraph 1 and take into account the newest evidence at its disposal.
2018/01/24
Committee: TRAN
Amendment 279 #
Proposal for a regulation
Article 13 – paragraph 3
3. The redressive measures referred to in paragraph 1 shall not exceed what is necessary to offset the injury or threat ofto the Union air carrier(s) concerned or to prevent the threat of injury from developing into an actual injury to the Union air carrier(s) concerned. To this effect measures referred to in point (b) of paragraph 2 may be limited to a specific geographic area or may be limited in time.
2018/01/24
Committee: TRAN
Amendment 289 #
Proposal for a regulation
Article 14 – paragraph 1
1. The redressive measures referred to in Article 13 shall remainbe in force only from, as long as, and to the extent that, it is necessary in view of, the persistence of the practice affecdistorting competition and the ensuing injury or threat of injury. To this end, the review procedure set out in paragraphs 2, 3 and 4 shall apply.
2018/01/24
Committee: TRAN
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 2
2. Where circumstances so warrant, the need for the continued imposition of redressive measures in their initial form may be reviewed, either on the initiative of the Commission or of the complainant or upon a reasoned request by the third country or the third country entity concerned or an interested party.
2018/01/24
Committee: TRAN
Amendment 302 #
Proposal for a regulation
Article 15 a (new)
Article 15 a Report 1. The Commission shall, with due regard to the protection of confidential information within the meaning of Article 6, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council. Where relevant, the report shall include information about the application of redressive measures, the termination of investigations without redressive measures, investigations, reviews and cooperation with Member States, interested parties and third countries. 2. The European Parliament may, within one month of the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. 3. No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public.
2018/01/24
Committee: TRAN